Order on Board

07.02.2022

1. Petitioner has preferred this writ petition assailing impugned order dated 08.02.2019 passed by Additional District Judge, Camp Court, Kurud, District Dhamtari (C.G.) in Misc. Civil Appeal No.13 of 2017 whereby learned Additional District Judge dismissed the miscellaneous appeal.

2. Facts of the case in nutshell are that petitioner/plaintiff filed a suit for declaration of title and permanent injunction along with an application for grant of temporary injunction. Upon hearing application for grant of temporary injunction, it was dismissed by the trial Court, which was put to challenge in an appeal under Order 43 of Code of Civil Procedure, 1908 (in short ‘CPC’). Learned counsel for petitioner/plaintiff appeared before Additional District Judge, Dhamtari to pursue miscellaneous appeal, where it was informed by learned counsel for the respondents/defendants that civil suit itself was dismissed on 23.06.2014 for want of prosecution. Thereafter, petitioner filed an application under Order 9 Rule 9 of CPC for restoration of suit on the ground that plaintiff became seriously ill and suffered partial paralysis. Upon hearing the parties, trial Court allowed appli